HL Deb 14 July 1959 vol 217 cc1219-26
The Naval Enlistment Act, 1884, 47 & 48 Vict. c. 46. In section three, after the word '1955' there shall be inserted the words 'as amended by the Mental Health Act, 1959'
The Pharmacy and Poisons Act, 1933, 23 & 24 Geo. 5. c. 25. In section ten, in subsection (6), for the words from 'trustee' to 'powers of a committee' there shall be substituted the words 'or trustee, or a receiver appointed under Part VIII of the Mental Health Act, 1959'
In section thirty, in paragraph (f), for the words from 'references' to 'of a committee' there shall be substituted the words 'reference to a receiver'
The Polish Re-settlement Act, 1947, 10 & 11 Geo. 6. c. 19. In section four, in subsection (1), for the words 'the Lunacy and Mental Treatment Acts, 1890 to 1930. or the Mental Deficiency Acts, 1913 to 1938' there shall be substituted the words 'the Mental Health Act, 1959'.
In section eleven, in subsection (3), in paragraph (b), for the words 'the Lunacy and Mental Treatment Acts, 1890 to 1930, and the Mental Deficiency Acts, 1913 to 1938' there shall be substituted the words 'the Mental Health Act, 1959'.
The National Assistance Act, 1948, 11 & 12 Geo. 6. c. 29. In section thirty-seven, in subsection (9), at the end of paragraph (d) of the proviso there shall be added the words 'including any mental nursing home within the meaning

—(The Lord Chancellor).

On Question, Amendments Agreed to.

Eighth Schedule [Enactments repealed]:

THE LORD CHANCELLOR

Amendments Nos. 61 to 81 are Amendments to the Eighth Schedule and are designed to rearrange that Schedule in the same way as I have just described in regard to the Seventh Schedule: Part I relating to England and Wales only; Part II relating to repeals not limited to England and Wales. A number of new repeals have been added to both Parts, but they are all of a minor and consequential nature. Most are repeals concerning Superannuation Acts, consequential on the introduction of Clause 137. I beg to move that Amendments Nos. 61 to 81 inclusive be agreed to.

Amendments moved—

Page 143, line 3, at end insert—

("REPEALS EXTENDING TO ENGLAND AND WALES ONLY")

Leave out lines 18 and 19.

Line 27, at end insert—

("33 & 34 Vict. c. 77. The Juries Act, 1870. In the Schedule, the words 'Keepers in public lunatic asylums'")

Line 33, at end insert—

("46 & 47 Vict. c. 38. The Trial of Lunatics Act, 1883. In section two, in subsection (2), the words 'as a criminal lunatic'")

Leave out lines 36 and 37.

Line 43, at end insert—

("61 & 62 Vict. C. 57. The Elementary School Teachers (Superannuation) Act, 1898. In section six, paragraph (b) of subsection (1) so far as it applies in relation to persons of unsound mind.
7 Edw. 7. c. 23. The Criminal Appeal Act, 1907. In section five, in subsection (4), the words 'as a criminal lunatic'")

Line 49, at end insert—

("8 & 9 Geo. 5 c. 55. The School Teachers (Superannuation) Act, 1918. Section nine.")

Page 144, line 44, at end insert—

("15 & 16 Geo. 5. c. 59. The Teachers (Superannuation) Act, 1925. In the first Schedule, paragraph 9.")

Line 44, at end insert—

("15 & 16 Geo. 5. c. 86. The Criminal Justice Act, 1925. In section thirty-four the words 'or the Board of Control' and the words 'or a Commissioner or the Secretary of the Board of Control'")

Line 55, at end insert—

("1 Edw. 8 & 1 Geo. 6. c. 47. The Teachers Superannuation) Act, 1937. In section one, in subsection (6), the references to section nine of the School Teachers (Superannuation) Act, 1918, and paragraph 9 of the First Schedule to the Teachers (Superannuation) Act, 1925.")

Page 145, line 8, at end insert—

("2 & 3 Geo. 6. c. 40. The London Government act 1939. In section ninety-four, subsection (1)").

Line 30, column 3, leave out ("Schedules 8 and 9") and insert—

("In section seventy-nine, in subsection (1), in the definition of 'hospital', the words 'or mental defectiveness' and in the definition of 'local authority', paragraph (b).
The Eighth and Ninth Schedules.
In the Tenth Schedule, the amendments of the Children and Young Persons Act, 1933, and the Education Act, 1944.")

Column 3, leave out lines 31 to 41.

Leave out lines 48 and 49.

Line 55, column 3, at end insert—

("In section forty-seven, in subsection (1), the words or voluntary'")

Page 146, line 7, column 3 at end insert—

("In the Fifth Schedule, in paragraph 3, in paragraph (d) of subparagraph (1), the words 'voluntary or'.
In the Ninth Schedule, the amendments of the Criminal Lunatic Asylumns Act, 1860, the Criminal Lunatics Act, 1884, the Mental Deficiency Act, 1913, and the Mental Deficiency Act, 1927.")

Leave out lines 13 to 17.

Line 19, at end insert—

("14 Geo. 6. c. 25. The Matrimonial Causes Act, 1950. In section one in subsection (2), in paragraph (d) the words 'the Mental Treatment Act, 1930, or under'")

Line 20, at end insert—

("15 & 16 Geo. 6 and 1 Eliz. 2 e. 52. The Prison Act, 1952 In the Third Schedule, the amendments of the Mental Deficiency Act, 1913.")

Line 21, column 3, at beginning insert—

("In section twenty-six, sub-section (6)")

Leave out lines 24 to 33.

Line 40, column 3, after ("Schedule") insert ("in paragraph 1, sub-paragraph (vii) and")

Page 147, line 1, at end insert—

("OTHER REPEALS")

Line 3, at end insert—

("2 & 3 Vict. C. 51. The Pensions Act, 1839. Section six.
47 & 48 Vict. c. 64. The Criminal Lunatics Act, 1884. In section eight, subsections (3) to (5).
49 & 50 Vict. c. 16. The Lunacy (Vacating of Seats) Act, 1886. The whole Act.
50 & 51 Vict c. 67. The Superannuation Act, 1887. Section seven, except so far as applied by the Superannuation Act (Northern Ireland), 1921.")

Line 28, at end insert—

"9 & 10 Geo. 6. c. 72. The Education (Scotland) Act, 1946. Section one hundred and four.
"9 & 10 Geo. 6. c. 81. The National Health Service Act, 1946. In section eighty, in subsection (2), the words from 'and the amendment' to '1884'.
In the Ninth Schedule, in Part I, the amendment of subsection (3) of section eight of the Criminal Lunatics Act, 1884.
11 & 12 Geo. 6. c. 29. The National Assistance Act, 1948. In section thirty-seven, in the proviso to subsection (9), the words 'any institution for persons of unsound mind within the meaning of the Lunacy and Mental Treatment Acts, 1890 to 1930 or', the words 'the Mental Deficiency Acts, 1913 to 1927 or' and the word 'or' at the end of paragraph (f)")

Line 30, at end insert—

"11 & 12 Geo. 6. c. 58. The Criminal Justice Act, 1948. Section sixty-three.
12, 13 & 14 Geo. 6. c. 44. The Superannuation Act, 1949. In section forty-eight, in subsection (5), the words from 'and section three hundred and thirty-five' to 'unsound mind)'.
12, 13 & 14 Geo. 6. c. 94. The Criminal Justice (Scotland)Act, 1949. In section sixty-four, in subsection (2), the words from 'and any patient' to the end of the subsection, and subsection (3).
3 & 4 Eliz. 2. c. 18. The Army Act, 1955. In section sixteen, in subsection (4), the words 'an order under section sixteen of the Lunacy Act, 1890, or in Scotland'.
3 & 4 Eliz. 2. c. 19. The Air Force Act, 1955. In section sixteen 'in subsection (4), the words 'an order made under section sixteen of the Lunacy Act, 1890, or in Scotland'.
6 & 7 Eliz. 2. c. 65. The Children Act, 1958. In section two, in subsection (5), the words 'the Mental Deficiency Acts, 1913 to 1938, or', the words 'the Board of Control or of', and the words 'the Board of Control in accordance with subsection (2) of section fifty-one of the Mental Deficiency Act, 1913, or to'.")

—(The Lord Chancellor).

On Question, Amendments agreed to.

House adjourned at twenty-five minutes before eight o'clock.

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